Terms of Service Last update: May, 1 2021
The Terms of Service are intended for users of Live Cartel, whether they are sellers or buyers, and concern the services offered by the platform, directly and through third parties. By registering on the platform, for a Live Cartel Account or using any Live Cartel Service (including the purchase of a product from a Live Cartel store), you agree to be fully bound by the following terms and conditions (the “Terms of Service”). In this document “Terms of Service”, “we”, “us” and “Live Cartel” mean the Contracting Party Live Cartel SRL. The services offered by Live Cartel under the Terms of Service include various digital tools to help Users sell or buy goods and services online, either via the web (“Online Store Services”), allowing you to create and build an online store or to buy from an online store built with Live Cartel technology, including in live video streaming (“Live Streaming Services”). All such services offered by Live Cartel are referred to in these Terms of Service as “Services”. Any new features or tools added to the current Services will be subject to these Terms of Service. It is possible to review the current version of the Terms of Service at any time on https://www.livecartel.com/TOS
By using Live Cartel as a seller or by purchasing from any Live Cartel store as a buyer, we assume that all of these terms have been carefully read and accepted.
1.1 Seller Account
To access and use the Sales Services, you must sign-up on Live Cartel by creating an account (“Account”) by providing your full legal name and surname, a valid e-mail address and any other information indicated as mandatory. Live Cartel may refuse the request to activate an Account or cancel an existing Account, for any reason, with sole discretion. To use Live Cartel as a seller you must be at least 18 years old, or at least the age of majority in the jurisdiction in which you reside and from which you use the Services to open an Account. By using Live Cartel you are confirming that you intend to use any Service provided by Live Cartel for the purpose of carrying out a business and not for personal, domestic, entertainment or family purposes. This means that your activity on Live Cartel is configured as an online sales activity, and it will be the User’s sole responsibility to fulfill the legal formalities to be able to sell online on a non-occasional basis. We are aware that Live Cartel will only use the e-mail address provided when opening the account (or updated from time to time) as the main method for communicating with the User. We recommend that you always monitor the email address linked to your Live Cartel account, to make sure the email address is able to send and receive messages. Email communications with Live Cartel can only be authenticated if they come from the email address linked to the User account.
The User is the only responsible for protecting his or her password to access Live Cartel. Live Cartel cannot and will not be liable for any loss or damage resulting from failure to maintain the security of your account and password. Furthermore, Live Cartel does not know the password chosen by the User, and cannot access it under any circumstances. In case of loss, a new password must be requested according to the procedure indicated in the Access to Services screen. The User acknowledges and agrees that he is the unique responsible for the creation and operation of his Live Cartel store, even if the creation and management of the store were conducted by third parties on behalf of the User. Live Cartel does not act on the store in any way, and any errors in the management of its store, committed directly or by third parties appointed by the User, cannot be corrected by Live Cartel. Live Cartel is not a marketplace. Any sales contract concluded through the Live Cartel shop takes place directly between the User (the Seller) and the buyer. Live Cartel is not involved in this relationship. The User is responsible for all activities carried out through the Live Cartel store and for all content such as photos, images, videos, graphics, written texts, audio files, information or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). An ascertained violation of any aspect of the Terms of Service, determined as such in Live Cartel’s sole discretion, may result in the immediate termination of the Services, including the shutdown of the Account.
1.2 Customer Account
By purchasing goods and services in a Live Cartel store, buyer has the faculty to sign-up for a Customer Account to access its personal information and orders placed more quickly and efficiently. By signing-up for a Customer Account, the User authorizes Live Cartel to use his information for the purpose of providing the service, which includes, for example, the sending of transactional emails relating to the activities on the stores created with Live Cartel, but also emails relating to advice on how to use the Live Cartel platform. We will not use the information for commercial purposes, and we will not keep any payment information in any way. The use of the Account is responsibility of the User, and the relationship between the Customer and the Seller does not see Live Cartel involved in any way. If desired, it is possible at any time to request an integration of information on your Customer Account, to transform it into a Seller Account, keeping the same access credentials to the Service. In this case, they will be applied all the conditions set out in Article 1.1 and following.
2. Account activation
2.1 Store owner
The person who signs up for Live Cartel by opening a Seller Account on their own will be the contracting party (“Store Owner”) for the purposes of our Terms of Service, and will be the person authorized to use any Service provided to the store owner. If the User signs up on his own, he will assume the role of the shop owner and our contractual counterpart. However, if you sign up on behalf of your employer, the employer will be the Store Owner and our contractual partner. In this case you must use an email address provided by the employer and represent and warrant that you have the authority to bind the employer to our Terms of Service. By proceeding with the registration, we assume that the User has understood and guaranteed this point. The Live Cartel store can only be associated with one store owner. However, a store owner can manage multiple Live Cartel stores. “Store” means both the online store and the live streaming video channel associated with the store.
2.2 Staff Accounts
Depending on the subscription plan chosen to use Live Cartel, it is possible to create one or more accounts for the User’s collaborators (“Staff Account”) allowing other people, identified by the store owner, to access the main account of the store. With Staff Accounts, the store owner can set permissions and allow third parties to work in their account, determining the level of access of collaborators to specific company information (for example, it is possible to limit access to the account of the contributor to sales information on the Orders page or prevent the contributor from changing general store settings). The collaborators are chosen and enabled by the shop owner. The store owner is responsible for all the acts, omissions and defaults resulting from the use of contributor accounts in the performance of obligations under these Terms of Service as if they were the store owner’s acts, omissions or defaults. The same rules and consequences apply to violations of the Terms of Service made by collaborators as to violations of the Terms of Service made by the shop owner.
3. General conditions
The Terms of Service will be governed and interpreted in accordance with the Italian laws applicable therein, without regard to the principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is expressly excluded. The User is aware and accepts that Live Cartel may modify these Terms of Service at any time by posting the new amended and reformulated Terms of Service on the Live Cartel website, at https://www.livecartel.com/TOS and that such changes to the Terms of Service become effective immediately from the date of publication. Therefore, continued use of the Services after the modified Terms of Service have been posted on the Live Cartel website constitutes consent and acceptance of the modified Terms of Service. If the User does not accept any changes to the Terms of Service, he must cease using the Service. If the EU Terms have or become applicable to the store created with the Service, changes to these Terms of Service will be provided in accordance with the EU Terms.
The Terms of Service may be available in others languages. In the event of any inconsistencies or conflicts between these Terms of Service in Italian and the Live Cartel Terms of Service available in another language, the most up-to-date Italian version of the Terms of Service on https://www.livecartel.it/TOS will prevail. Any disputes arising from these Terms of Service will be resolved in Italian unless otherwise established by Live Cartel (acting in its sole discretion) or as required by applicable law. All terms and provisions of the Terms of Service will be binding and will have effect for the benefit of the parties involved in the Terms of Service and their respective heirs, successors, authorized assignees and legal representatives. Live Cartel may assign these Terms of Service without notice or consent from the User, but the User does not have the right to assign or otherwise transfer the Terms of Service, or any of its rights or obligations hereunder, to third parties without Live Cartel’s prior written consent, to be given or denied in Live Cartel’s sole discretion. If any provision, or any part of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision (or part of the provision) of the Terms of Service and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or part of the provision, was never contained in the Terms of Service.
You may not use the Live Cartel Services for any illegal or unauthorized purpose, nor may you, in using the Service, violate the laws in the jurisdiction (including but not limited to copyright laws) in which you reside, the applicable laws in the jurisdiction of the client, or the Italian laws.
The User is required to comply with all applicable laws, rules and regulations in the use of the Service and in fulfilling the obligations under the Terms of Service.
The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Services or access to the Services without the express written authorization of Live Cartel, which can never be of a general nature.
It is forbidden to set up campaigns on search engines based on generic or pay per click ads (such as Google Ads) that use the Live Cartel trademarks and / or variants and spelling errors.
Any questions about the Terms of Service should be sent to the Live Cartel Support Center.
The User agrees that his Materials (excluding credit card information or other payment tools, which are not accessible by Live Cartel under any circumstances) may be transferred in the clear and involve (a) transmissions over various networks ; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The User confirms that he knows and accepts that the use of the Services, including information transmitted
5. Live Cartel Warranties
We make every effort to keep our Service running at all times, but we reserve the right to modify or discontinue the Services for any reason, without notice at any time. Not all Services and features may be available worldwide and we are under no obligation to make the Services or features available anywhere in the world. We reserve the right to refuse service to anyone for any reason at any time. We may, but undertake no specific obligation to do so, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that goods or services offered through a Live Cartel store, or Materials uploaded or posted to a Live Cartel store, infringe these Terms of Service. Verbal or written abuse of any kind (including threats or actions to damage the corporate image) against any Live Cartel customer or user, employee, member or officer of Live Cartel will result in the immediate shutdown of the Account. Live Cartel does not pre-screen the Materials and it is in our sole discretion to refuse or remove any Material from the Service, possibly including the entire Store. We reserve the right to provide our services to the User’s competitors and we do not make exclusive promises in any particular market segment. The User is also aware and accepts that Live Cartel employees may also be Live Cartel customers / merchants and that they can compete, although they cannot, and never will use, confidential information to do so. In the event of a dispute relating to Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. The documentation may include, but is not limited to, a scanned copy of the business license, a photo ID issued by the Authority, the status of a User’s employee, etc. Live Cartel reserves the right to determine, in its sole discretion, the legitimate ownership of the Account and to transfer an Account to the legitimate Owner of the Store. If we are unable to reasonably determine the rightful Owner of the Store, without prejudice to our other rights and remedies, Live Cartel reserves the right to temporarily disable an Account until the resolution between the parties to the dispute has been resolved.
“Confidential information” includes, but will not be limited to, all information associated with a party’s business and not in the public domain, including specific business information, technical processes and formulas, software, customer lists, prospect lists, names, addresses and other information regarding customers and prospects, product designs, sales, costs (including any fees where applicable), price lists and other unpublished financial information, business plans and marketing data and any other confidential and proprietary information, whether or not marked confidential or proprietary. Live Cartel’s confidential information includes all information that the User receives in relation to us or the Services, which is not known to the general public, including information relating to our program and our security practices. Each party agrees to use the other party’s confidential information only as necessary to fulfill its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service, including this Section. Each party agrees to take all reasonable measures, at least substantially equivalent to measures taken to protect its proprietary information, to prevent duplication, disclosure or use of such confidential information. Confidential Information will not include any information that the receiving party can prove that it was already in the public domain.
7. Limitation of Liability
The User is aware and expressly accepts that, to the extent permitted by applicable laws, Live Cartel will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill , use, data or other intangible losses arising from the use or inability to use the Service, in any way. To the extent permitted by applicable law, in no event will Live Cartel and / or our suppliers be liable for lost profits or special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service. (however resulting from negligence). You agree to indemnify and hold harmless us and (if applicable) Live Cartel’s partner companies, subsidiaries, affiliates, officers, directors, agents, employees and suppliers from any claim or request, including reasonable legal fees, made by third parties. part due to or resulting from your breach of these Terms of Service or the documents it incorporates, by reference or your breach of any law or third party rights. The use of the Services is at the sole risk of the User. The Services are provided “as is” and “as available” without any warranties or conditions, express, implied or legal. Live Cartel undertakes the utmost commitment to ensure that the Services are always functioning correctly, however it cannot guarantee and does not guarantee that the Services will be uninterrupted, timely, safe or error-free. Live Cartel does not guarantee that the results that may be obtained from the use of the Services will be accurate or reliable. Live Cartel is not responsible for any of the User’s tax obligations or responsibilities relating to the use of the Live Cartel Services. Live Cartel does not guarantee that the quality of products, services, information or other materials purchased or obtained by the User through the Services will meet the expectations or that any errors (or operations considered as such by the User) in the Services will be corrected. However, we are aware that the user’s trust in Live Cartel is a precious asset, and therefore we strive every day to ensure that you can get full satisfaction of using Live Cartel.
Live Cartel is offered as a paid service, with the formula of an advance monthly subscription. The prices of the subscriptions are those in force on the Live Cartel website in the Subscription Plans section. Payment of the monthly subscription fee allows the User to sell through the online store and also through Live-Streaming. Failure to renew the subscription fee will result in the suspension of the Account, and the consequent deactivation of the Shop, for a maximum period of 30 days. After this period, if the Subscription plan is not renewed by the User, the Shop will be canceled, and with it all the Materials uploaded by the User. If the Account is reactivated after 30 days, the data relating to the User will be available again, but the Shop will have to be built again from scratch, including the necessary uploading of Materials and the setting of all available options. Live Cartel, to safeguard the User, has set up an effective reminder system via email of payment deadlines, with repeated warnings. Information on the duration and expiration of the Subscription is also available on the User’s personal page on Live Cartel. Therefore, in the event of errors or delays in the renewal of the subscription fee, and in the consequent loss of Materials and settings previously made by the User, Live Cartel has no responsibility in this regard. To avoid errors or involuntary delays in renewing the Subscription Plan, we recommend activating the automatic renewal in your personal options, present on the User’s personal page on Live Cartel. The cost of the subscription includes only the services listed on the Subscription Plans page on the Live Cartel website. Any other service not expressly indicated is to be considered excluded, and Live Cartel has no obligation to provide it, even if the User requests an extra service with additional payment. We remind you that there is no refund of the subscription in the event of suspension or downgrade to a lower level, and that all costs are VAT included.
The devices necessary for the use of the Service by the User are the sole responsibility of the User, and include: any device with a browser and an active internet connection, iPhone 6S and following with an active internet connection and a working and active microphone and camera.
10. Commercial communications from Live Cartel
By using the Services, the User agrees to receive messages and promotional materials from us from time to time, by post, e-mail or any other contact form that the User has provided to us (including the telephone number for calls or text messages). If the User does not wish to receive such promotional materials or notices, he is sent to notify us at any time.